Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 386
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/07/2015           .                                

       Appropriations Subcommittee on Criminal and Civil Justice
       (Bradley) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 18 - 28
    4  and insert:
    5         Section 1. Subsection (2) of section 790.23, Florida
    6  Statutes, is amended to read:
    7         790.23 Felons and delinquents; possession of firearms,
    8  ammunition, or electric weapons or devices unlawful.—
    9         (2) This section shall not apply to a person:
   10         (a) Convicted of a felony whose civil rights and firearm
   11  authority have been restored.
   12         (b) Whose criminal history record has been expunged
   13  pursuant to s. 943.0515(1)(b).
   14         Section 2. Paragraph (b) of subsection (1) of section
   15  943.0515, Florida Statutes, is amended to read:
   16         943.0515 Retention of criminal history records of minors.—
   17         (1)
   18         (b)1. If the minor is not classified as a serious or
   19  habitual juvenile offender or committed to a juvenile
   20  correctional facility or juvenile prison under chapter 985, the
   21  program shall retain the minor’s criminal history record for 2 5
   22  years after the date the minor reaches 19 years of age, at which
   23  time the record shall be expunged unless it meets the criteria
   24  of paragraph (2)(a) or paragraph (2)(b).
   25         2. A minor described in subparagraph 1. may apply to the
   26  department to have his or her criminal history record expunged
   27  before the minor reaches 21 years of age. To be eligible for
   28  expunction under this subparagraph, the minor must be 18 years
   29  of age or older and less than 21 years of age and have not been
   30  charged by the state attorney with or found to have committed
   31  any criminal offense within the 5-year period before the
   32  application date. The only offenses eligible to be expunged
   33  under this subparagraph are those that the minor committed
   34  before the minor reached 18 years of age. A criminal history
   35  record expunged under this subparagraph requires the approval of
   36  the state attorney for each circuit in which an offense
   37  specified in the criminal history record occurred. A minor
   38  seeking to expunge a criminal history record under this
   39  subparagraph shall apply to the department for expunction in the
   40  manner prescribed by rule. An application for expunction under
   41  this subparagraph shall include:
   42         a. A processing fee of $75 to the department for placement
   43  in the Department of Law Enforcement Operating Trust Fund,
   44  unless such fee is waived by the executive director.
   45         b. A full set of fingerprints of the applicant taken by a
   46  law enforcement agency for purposes of identity verification.
   47         c. A sworn, written statement from the minor seeking relief
   48  that he or she is no longer under court supervision applicable
   49  to the disposition of the arrest or alleged criminal activity to
   50  which the application to expunge pertains and that he or she has
   51  not been charged with or found to have committed a criminal
   52  offense, in any jurisdiction of the state or within the United
   53  States, within the 5-year period before the application date.
   55  A person who knowingly provides false information on the sworn
   56  statement required by this sub-subparagraph commits a felony of
   57  the third degree, punishable as provided in s. 775.082, s.
   58  775.083, or s. 775.084.
   59         3. A minor who applies, but who is not approved for early
   60  expunction in accordance with subparagraph 2., shall have his or
   61  her criminal history record expunged at age 21 if eligible under
   62  subparagraph 1.
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 3 - 5
   67  and insert:
   68         amending s. 790.23, F.S.; creating an exception for
   69         specified minors who, prior to attaining 21 years of
   70         age, had a criminal history record expunged; amending
   71         s. 943.0515, F.S.; decreasing the period of time that
   72         a minor’s criminal history record must be retained
   73         before expunction; authorizing specified minors to
   74         apply for expunction of a criminal history record
   75         under certain circumstances; establishing an
   76         application process and requiring that specified
   77         documentation be submitted to the Department of Law
   78         Enforcement; requiring that specified fees be
   79         deposited into the Department of Law Enforcement
   80         Operating Trust Fund; requiring a sworn written
   81         statement from the applicant; providing a criminal
   82         penalty for perjury on such sworn written statement;
   83         amending s. 943.0582,